South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

WEDNESDAY, MARCH 8, 1989

Wednesday, March 8, 1989(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Our Father God Whose love is without measure for all men, women and children, we thank You for the opportunity to serve You as we serve each other. On this day when the S.C. Restaurant Association and the S.C. Law Enforcement Officers' Association launch the fund raising Campaign for the Crippled Children's Society of S.C., we especially thank You for this opportunity of service to mankind offered to us all. Move all citizens of our State to respond generously and enthusiastically that those in our midst, now limited in their physical mobility, may enjoy the blessings the rest of us take for granted.

We pray in the Name of Him Who loves us all with an unending love.

Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

Pursuant to Act 176 of 1977, I have received on March 7, 1989 regulations concerning Standards for Licensing Hospitals and Institutional General Infirmaries from the South Carolina Department of Health and Environmental Control.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

The South Carolina Department of Social Services is hereby withdrawing and resubmitting regulations relating to Complaints of Discrimination which were referred to the Medical, Military, Public and Municipal Affairs Committee.

Sincerely,
Robert J. Sheheen

Received as information.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

REPORTS OF STANDING COMMITTEES

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3014 -- Rep. J. Rogers: A BILL TO AMEND SECTION 42-9-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION BENEFITS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS OR PARTIAL DEPENDENTS, SO AS TO PROVIDE THAT IF THE DECEASED EMPLOYEE LEAVES NO DEPENDENTS, THE EMPLOYER SHALL PAY THE COMMUTED AMOUNTS PROVIDED FOR IN SECTION 42-9-290 FOR WHOLE DEPENDENTS, LESS BURIAL EXPENSES WHICH MUST BE DEDUCTED FROM THOSE COMMUTED AMOUNTS, TO HIS SURVIVING NONDEPENDENT CHILDREN AND TO PROVIDE FOR PAYMENT WHEN THERE ARE NO SURVIVING NONDEPENDENT CHILDREN; TO AMEND SECTION 42-9-280, RELATING TO THE PAYMENT OF THE UNPAID BALANCE OF WORKERS' COMPENSATION WHEN THE EMPLOYEE DIES, SO AS TO PROVIDE THAT THE PAYMENT OF THE UNPAID BALANCE MUST BE MADE IN ACCORDANCE WITH SECTION 42-9-140, RATHER THAN BEING MADE TO THE DECEASED EMPLOYEE'S "NEXT OF KIN DEPENDENT UPON HIM FOR SUPPORT"; AND TO AMEND SECTION 42-9-290, AS AMENDED, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE THAT IF A STUDENT'S FULL-TIME ENROLLMENT IN AN ACCREDITED EDUCATIONAL INSTITUTION ENDS, THE CHILD NO LONGER IS CONSIDERED A DEPENDENT, RATHER THAN PROVIDE THAT BENEFITS TERMINATE PERMANENTLY, AND PROVIDE THAT WHEN ALL THE DECEASED EMPLOYEE'S CHILDREN ARE NO LONGER DEPENDENT, THE REMAINDER OF THE BENEFITS MUST BE DIVIDED EQUALLY AMONG ALL THE CHILDREN.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 333 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES ISSUED OR DELIVERED IN THIS STATE, SO AS TO REVISE THE MANNER IN WHICH PREMIUM RATES FOR CERTAIN ACCIDENT AND HEALTH INSURANCE POLICIES ARE APPROVED.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 298 -- Judiciary Committee: A BILL TO AMEND SECTION 38-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR JUDICIAL REVIEW OF ORDERS OR DECISIONS OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT APPEALS FROM THESE ORDERS OR DECISIONS MUST BE HEARD IN THE COURT OF COMMON PLEAS OF RICHLAND COUNTY BUT MAY BE BROUGHT IN ANY COUNTY.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

S. 246 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND JURIES, PETIT JURIES, AND THE STATE GRAND JURY, AND TO SECTION 11, ARTICLE I OF THE CONSTITUTION, RELATING TO INDICTMENTS BY COUNTY GRAND JURIES AND THE STATE GRAND JURY SO AS TO RESTRICT THE JURISDICTION OF THE STATE GRAND JURY TO CRIMES INVOLVING NARCOTICS, DANGEROUS DRUGS, OR CONTROLLED SUBSTANCES AND CRIMES INVOLVING OBSCENITY OR ANY ATTEMPT, SOLICITATION, OR CONSPIRACY TO COMMIT ANY OF THESE CRIMES IF THE CRIMES ARE OF A MULTI-COUNTY NATURE OR HAVE TRANSPIRED, ARE TRANSPIRING, ON HAVE SIGNIFICANCE IN MORE THAN ONE COUNTY OF THIS STATE.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

S. 222 -- Judiciary Committee: A BILL TO AMEND SECTION 36-9-103, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFECTION OF SECURITY INTEREST IN MULTIPLE-STATE TRANSACTIONS, SO AS TO PROVIDE THAT WITH CERTAIN EXCEPTIONS PERFECTION AND THE EFFECT OF PERFECTION OR NONPERFECTION OF A SECURITY INTEREST IN COLLATERAL ARE GOVERNED BY THE LAW OF THE JURISDICTION WHERE THE COLLATERAL IS WHEN THE LAST EVENT OCCURS ON WHICH IS BASED THE ASSERTION THAT THE SECURITY INTEREST IS PERFECTED OR NONPERFECTED.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3301 -- Reps. Rudnick, Kirsh, Whipper, Harvin and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-11 SO AS TO PROVIDE THAT IF A VACANCY OCCURS IN THE OFFICE OF REGISTER OF MESNE CONVEYANCES IN A COUNTY WHICH ELECTS ITS REGISTER OF MESNE CONVEYANCES IT MUST BE FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM BY APPOINTMENT OF THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING THAT COUNTY.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3314 -- Reps. Rama, G. Bailey, Littlejohn, Hearn, Mappus, J. Bailey and Hallman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-295 SO AS TO PROVIDE THAT VIOLATIONS OF ORDINANCES OR REGULATIONS OF SPECIAL PURPOSE DISTRICTS RELATING TO GARBAGE OR TRASH COLLECTION ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR THESE VIOLATIONS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

S. 33 -- Senator Waddell: A BILL TO AMEND SECTION 1-11-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL PROPERTY TRANSACTIONS OF GOVERNMENTAL BODIES OF THE STATE, SO AS TO PROVIDE FOR THE FILING OF A CERTIFICATE OF APPROVAL WITH THE DEED AND TO REQUIRE GIFTS OF PERSONAL PROPERTY TO BE ACCOMPANIED BY AN ACKNOWLEDGMENT OF ACCEPTANCE.

Ordered for consideration tomorrow.

Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 3133 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 53, TITLE 59, SO AS TO CREATE THE MIDLANDS TECHNICAL COLLEGE COMMISSION, DEFINE THE FUNCTIONS, POWERS, AND DUTIES OF THE COMMISSION, AND PROVIDE FOR THE TRANSFER OF ASSETS AND LIABILITIES AND THE CONTINUED OPERATION OF MIDLANDS TECHNICAL COLLEGE AND TO REPEAL ARTICLE 19, CHAPTER 53, TITLE 59, RELATING TO THE RICHLAND-LEXINGTON COUNTIES COMMISSION FOR TECHNICAL EDUCATION.

Ordered for consideration tomorrow.

Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 3359 -- Rep. Corning: A BILL TO AMEND SECTION 56-5-6140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO MAIL MOVING TRAFFIC CHARGES AGAINST AN UNEMANCIPATED MINOR TO HIS PARENT OR GUARDIAN, SO AS TO DELETE THE REFERENCE TO AN UNEMANCIPATED MINOR, TO PROVIDE FOR THE SECTION TO APPLY TO A PERSON UNDER EIGHTEEN YEARS OF AGE, TO REQUIRE THE NOTICE TO BE MAILED TO THE OWNER OF THE VEHICLE, AND TO DELETE NOTICE TO THE PARENT OR GUARDIAN.

Ordered ror consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3642 -- Reps. Keegan, Corbett, Elliott, Harvin and Barfield: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE NEW BRIDGE ON STATE HIGHWAY 544 WHICH CROSSES THE INTRACOASTAL WATERWAY IN THE SOCASTEE COMMUNITY OF HORRY COUNTY THE "BENJAMIN E. THRAILKILL, JR. BRIDGE".

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 480 -- Senator Williams: A CONCURRENT RESOLUTION TO CONGRATULATE ORANGEBURG SCHOOL DISTRICT FIVE SUPERINTENDENT JIM WILSFORD UPON BEING NAMED 1989 NATIONAL SUPERINTENDENT OF THE YEAR BY THE AMERICAN ASSOCIATION OF SCHOOL ADMINISTRATORS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 489 -- Senators J. Verne Smith, Bryan, Stilwell, Thomas and Mitchell: A CONCURRENT RESOLUTION CONGRATULATING THE FURMAN UNIVERSITY FOOTBALL TEAM ON A 13-2 SEASON AND WINNING THE NCAA I-AA NATIONAL CHAMPIONSHIP AFTER DEFEATING GEORGIA SOUTHERN 17-12 IN THE TITLE GAME; CONGRATULATING COACH JIMMY SATTERFIELD ON BEING NAMED KODAK AND FOOTBALL NEWS NATIONAL COACH OF THE YEAR; AND REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT ALONG ALL ROADS WHICH PRESENTLY HAVE SIGNS WELCOMING TRAVELERS INTO THIS STATE SIGNS WHICH RECOGNIZE SOUTH CAROLINA AS THE HOME OF THE NCAA I-AA NATIONAL FOOTBALL CHAMPION, FURMAN UNIVERSITY.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3647 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND LONE OAK ELEMENTARY SCHOOL IN SPARTANBURG COUNTY AS IT CELEBRATES ONE HUNDRED YEARS OF EXCELLENCE IN EDUCATION.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3648 - Reps. Wilkins, M.O. Alexander, Baker, Blackwell, Carnell, Clyborne, Fant, Haskins, Manly, Mattos, Jaskwhich, Vaughn and Fair: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE THOMAS CLIFTON BERRY, JR., OF GREENVILLE COUNTY, VICE-PRESIDENT OF DUKE POWER COMPANY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 3643 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO INSURANCE HOLDING COMPANY SYSTEM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1075, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3644 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO INDIVIDUAL ACCIDENT AND HEALTH INSURANCE MINIMUM STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1063, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3645 -- Rep. Corning: A BILL TO AMEND TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES, BY ADDING CHAPTER 2, SO AS TO ENACT PROVISIONS FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES, AND CHAPTER 4, SO AS TO ENACT THE "MOTOR VEHICLE SAFETY RESPONSIBILITY ACT", INCLUDING PROVISIONS COVERING ADMINISTRATION AND ENFORCEMENT, SECURITY FOLLOWING AN ACCIDENT, PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE, AND MOTOR VEHICLE LIABILITY POLICIES; TO PROVIDE THAT FOR CALENDAR YEAR 1991 THE UNINSURED MOTORIST FEE MAY NOT EXCEED FOUR HUNDRED DOLLARS; AND TO REPEAL ARTICLES 1, 3, AND 5, CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, PURPOSES AND DEFINITIONS, THE MANDATE TO WRITE AN INSURANCE COVERAGE, AND THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, CHAPTER 9, TITLE 56, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, AND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY.

Referred to Committee on Labor, Commerce and Industry.

H. 3646 -- Reps. Waites, Mattos, White, Washington, Harvin, Littlejohn, J. Bailey, Davenport, Elliott and Keegan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF PROBATE FEES AND COSTS AND SCHEDULE OF FEES AND COSTS TO BE COLLECTED, SO AS TO REVISE THE PROVISIONS OF THE SECTION, INCLUDING DELETING CERTAIN PROVISIONS AND INCREASING VARIOUS FEES AND COSTS.

Referred to Committee on Ways and Means.

S. 322 -- Senators Setzler, Nell W. Smith, Rose, Wilson, McConnell, Land, Leventis, Peeler, Helmly, Stilwell, Russell, Hayes, Mullinax, Lourie, Passailaigue, Courson, Moore, McGill, Martschink, McLeod and Horace C. Smith: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-6-15 SO AS TO PROVIDE FOR THE COMPOSITION, ORGANIZATION, AND RESPONSIBILITIES OF THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION AND THE BUSINESS-EDUCATION SUBCOMMITTEE: BY AMENDING SECTION 59-6-20 SO AS TO DELETE ALL REFERENCES TO THE COMMITTEE ON FINANCING EXCELLENCE IN PUBLIC EDUCATION, THE STEERING COMMITTEE OF THE EDUCATION-BUSINESS PARTNERSHIP, AND THE JOINT SUBCOMMITTEE; TO PROVIDE FOR THE DUTIES AND POWERS OF THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN PUBLIC EDUCATION AND THE BUSINESS-EDUCATION SUBCOMMITTEE; AND BY AMENDING SECTION 59-6-30 SO AS TO DELETE ALL REFERENCES TO THE COMMITTEE ON FINANCING EXCELLENCE IN PUBLIC EDUCATION; TO REQUIRE THE STATE BOARD OF EDUCATION TO PROVIDE AN ASSESSMENT OF THE EDUCATION IMPROVEMENT ACT TO THE BUSINESS-EDUCATION SUBCOMMITTEE; TO REQUIRE THAT THE BUSINESS-EDUCATION SUBCOMMITTEE REPORT ON THE ASSESSMENT TO THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION; TO REQUIRE THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION TO PROVIDE A REPORT ON THE ASSESSMENT TO THE GENERAL ASSEMBLY ON FEBRUARY FIRST RATHER THAN ON JANUARY FIRST; AND TO PROVIDE FOR THE STAFFING OF THE BUSINESS-EDUCATION SUBCOMMITTEE.

Referred to Committee on Education and Public Works.

S. 377 -- Senator Stilwell: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE THAT IF A PERSON IS CONVICTED OR PLEADS GUILTY OR NOLO CONTENDERE IN MUNICIPAL COURT, THE FEE MUST BE REMITTED TO THE MUNICIPALITY.

Referred to Committee on Judiciary.

S. 400 -- Finance Committee: A BILL TO AMEND SECTION 40-58-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND AND SECURITY REQUIREMENTS FOR MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE REQUIRED AMOUNT FOR SECURITY AND BOND REQUIREMENTS FROM FIFTY THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS.

Referred to Committee on Labor, Commerce and Industry.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

The SPEAKER granted Reps. KLAPMAN and NEILSON a leave of absence for the day.

STATEMENT OF ATTENDANCE

Rep. L. MARTIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 7, 1989.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 75 -- Senators Setzler, Shealy and Wilson: A BILL TO AMEND SECTION 7-7-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO CHANGE THE NAME OF THE "JAMIL ROAD" PRECINCT TO THE "GRENADIER" PRECINCT.

S. 213 -- Senator Williams: A BILL TO REPEAL SECTION 14-17-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN RECORDS AND REPORTS REQUIRED OF THE CLERK OF THE GENERAL SESSIONS COURT.

H. 3088-DEBATE ADJOURNED

Rep. FANT moved to adjourn debate upon the following Bill until Thursday, March 9, which was adopted.

H. 3088 -- Reps. Taylor, D. Martin, Clyborne, White and Corning: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, AND PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.

H. 3217-DEBATE ADJOURNED

Rep. LIMEHOUSE moved to adjourn debate upon the following Bill until Wednesday, March 22, which was adopted.

H. 3217 -- Reps. Boan, McLellan and Taylor: A BILL TO AMEND SECTION 56-10-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO PROVIDE FOR THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO GIVE NOTICE OF THE CANCELLATION OR SUSPENSION OF A VEHICLES' REGISTRATION TO THE OWNER BY FIRST CLASS MAIL INSTEAD OF CERTIFIED MAIL.

H. 3104-ORDERED TO THIRD READING

The following Bill was taken up.

H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER.

Rep. DAVENPORT proposed the following Amendment No. 1 (Doc. No. 2290U), which was ruled out of order.

Amend the bill, as and if amended, by adding three appropriately numbered sections to read:

/SECTION _____. That portion of Section 7-13-330 of the 1976 Code entitled "INSTRUCTIONS" is amended to read:

"INSTRUCTIONS--To vote a straight party ticket, make a cross (X) in the circle (O) under the name of your party. Nothing further need or should be done. To vote a mixed ticket, or in other words for candidates of different parties, omit making a cross (X) mark in the party circle at the top and makeMake a cross (X) in the voting square [ ] opposite the name of each candidate on the ballot for whom you wish to vote. If you wish to vote for a candidate not on any ticket, write or place the name of suchthe candidate on your ticket opposite the name of the office. Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside.

SECTION _____. Section 7-13-1340(b) of the 1976 Code is amended to read:

"(b) It shallmust permit each elector, at other than primaries, to vote a straight party or body ticket, with the exception of candidates for the offices of presidential electors, in one operation; and, in one operation, to vote for all the candidates of one party or body for presidential electors; and, in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which he votes for individual candidates and the offices of presidential electors;"

SECTION _____. Section 7-13-1640(1) of the 1976 Code is amended to read:

"(1) Provide facilities for voting for all candidates of as many political parties or organizations as may make nominations of candidates at any election, for or against as many questions as may be submitted at any election and, at all general or special elections, permit the voter to vote for all of the candidates of one party or in part for the candidates of one or more parties;"./

Renumber sections to conform.

Amend title to conform.

Rep. DAVENPORT explained the amendment.

POINT OF ORDER

Rep. WILKINS raised the Point of Order that Amendment No. 1 was out of order as it was not germane to the Bill.

Rep. DAVENPORT argued contra the Point.

The SPEAKER stated that the Bill dealt with authorization to cast an absentee ballot in Chapter 7, Title 15, but the Amendment dealt with Chapter 13, Title 7, which is the method of preparation of a ballot and he sustained the Point of Order, and ruled the Amendment out of order.

The Bill was then read the second time and ordered to third reading.

H. 3167--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3167 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD FOR SIX YEARS AND TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE ENVIRONMENTAL CERTIFICATION BOARD, SO AS TO DECREASE THE NUMBER OF MEMBERS FROM FOURTEEN TO SEVEN AND PROVIDE FOR THEIR APPOINTMENT.

Reps. TOWNSEND and DAVENPORT proposed the following Amendment No. 1 (Doc. No. 2373U), which was adopted.

/Amend the bill, as and if amended, by striking SECTION 2 in its entirety.

Amend title to conform.

Rep. TOWNSEND explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3209--DEBATE ADJOURNED

The following Bill was taken up.

H. 3209 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INCREASE IN WORKERS' COMPENSATION WHICH IS NOT PAID WHEN DUE, SO AS TO SHORTEN THE PERIOD BEFORE WHICH FURTHER MONIES MUST BE ADDED TO AN UNPAID INSTALLMENT OR PAYMENT OF COMPENSATION, AND CHANGE THE PENALTY FROM TEN PERCENT OF THE UNPAID AMOUNT TO TWENTY-FIVE PERCENT THEREOF OR A MINIMUM OF TWENTY-FIVE DOLLARS, AND TO AMEND SECTION 42-9-230, RELATING TO THE DATE ON WHICH WORKERS' COMPENSATION PAYABLE UNDER THE TERMS OF AN AGREEMENT BECOMES DUE, SO AS TO PROVIDE THAT INSTALLMENTS PAID WEEKLY MUST BE PAID ON THE SAME DAY OF THE WEEK, INSTALLMENTS PAID MONTHLY MUST BE PAID ON THE SAME DAY OF THE MONTH, AND INSTALLMENTS PAID ON SOME PERIOD OTHER THAN WEEKLY OR MONTHLY MUST BE PAID ON THE SAME DAY OF EACH PERIOD.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

SECTION 1. Section 42-9-230 of the 1976 Code is amended to read:

"Section 42-9-230. The first installment of compensation payable under the terms of an agreement shall becomeis due on the fourteenth day after the employer has knowledge of the injury or death, on which date all compensation then due shallmust be paid. Thereafter, compensation shallmust be paid in installments weekly, except when the Commission determines that payment in installments should be made monthly or at some other period.

Installments paid weekly must be paid on the same day of the week, installments paid monthly must be paid on the same day of the month, and installments paid on some period other than weekly or monthly must be paid on the same day of each period."

SECTION 2. This act takes effect upon approval by the Governor.

Amend title to conform.

Rep. HEARN explained the amendment and moved to adjourn debate upon the Bill until Thursday, March 9, which was adopted.

H. 3447--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3447 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION INSOLVENCY FUND, SO AS TO PROVIDE FOR THE ADMINISTRATION OF THIS FUND BY THE DIRECTOR OF THE SECOND INJURY FUND INSTEAD OF THE DIRECTOR OF THE STATE WORKERS' COMPENSATION FUND, AND ACCORDINGLY TO EMPOWER THE DIRECTOR OF THE SECOND INJURY FUND TO ESTABLISH PROCEDURES FOR THE IMPLEMENTATION OF THIS SECTION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6722k), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

SECTION 1. Section 42-7-200(a) of the 1976 Code, as last amended by Act 155 of 1987, is further amended to read:

"(a) There is established within the office of the State Workers' Compensation FundSecond Injury Fund the State Workers' Compensation Insolvency Fund to insure payment of awards of workers' compensation benefits which are unpaid because of the insolvency of employers who fail to acquire necessary coverage for employees. The fund shallmust be administered by the director of the state fundSecond Injury Fund.

When any award is made by the State Workers' Compensation Commission for workers' compensation benefits and suchthe claim or any part thereofof the claim is not paid because of the insolvency of an employer who has not secured coverage, payments must be made from the insolvency fund upon certified approval of the State Workers' Compensation Commission. The director of the state fundSecond Injury Fund shall establish procedures for the implementation of this section.

When anya claimant is paid benefits from the insolvency fund the insolvency fund shall beis subrogated to all rights of the claimant to the amount paid from the fund and the administrator of the fund shall institute proceedings for the collection of suchthe funds against the party legally obligated for suchthe payments."

SECTION 2. This act takes effect upon approval by the Governor.

Rep. HEARN explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3448--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3448 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO PROVIDE THAT AN INJURY RESULTING IN NO COMPENSABLE LOST-TIME FOR MEDICALS OF AN AMOUNT SPECIFIED BY REGULATION MAY BE FILED ON A FORM 12-M WITHIN A CERTAIN PERIOD.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6711k), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

SECTION 1. Section 42-19-10 of the 1976 Code is amended by adding:

"An injury for which there is no compensable lost-time or permanency and the medical treatment does not exceed an amount specified by regulation of the Workers' Compensation Commission may be filed in summary on a form prescribed by the commission within thirty days after the injury."

SECTION 2. This act takes effect upon approval by the Governor.

Amend title to conform.

Rep. HEARN explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

ORDERED TO THIRD READING

The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 3573 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE APPROPRIATIONS FOR THE EXPENSES OF STATE GOVERNMENT SUPPLEMENTAL TO THOSE CONTAINED IN ACT 658 OF 1988, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1988-89, FOR DEFICIENCIES INCURRED IN THAT FISCAL YEAR.

Rep. McLELLAN explained the Joint Resolution.

H. 3588 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROFESSIONAL PERSONNEL QUALIFICATIONS AND DUTIES, VOCATIONAL CENTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1076, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 303 -- Agriculture and Natural Resources Committee: A BILL TO AMEND CHAPTER 2, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, THE "SOUTH CAROLINA COORDINATE ACT", SO AS TO ESTABLISH THE STATE AS ONE ZONE INSTEAD OF DIVIDING IT INTO A NORTH AND SOUTH ZONE AND TO MAKE ADJUSTMENTS IN THE COORDINATE SYSTEM, MAPPING, AND GEODETIC DATA DISSEMINATION.

S. 305 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 46-10-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOLL WEEVIL ERADICATION, SO AS TO PROVIDE THAT AN ASSESSMENT FOR ERADICATION FUNDS MUST BE IMPOSED ON COMMERCIAL COTTON GROWERS INSTEAD OF ON COMMERCIAL APPLICATORS.

H. 3167--RECONSIDERED AND DEBATE ADJOURNED

Rep. TOWNSEND moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to.

H. 3167 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD FOR SIX YEARS AND TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE ENVIRONMENTAL CERTIFICATION BOARD, SO AS TO DECREASE THE NUMBER OF MEMBERS FROM FOURTEEN TO SEVEN AND PROVIDE FOR THEIR APPOINTMENT.

Rep. TOWNSEND moved to reconsider the vote whereby Amendment No. 1 was adopted, which was agreed to.

Rep. GREGORY moved to adjourn debate upon the Bill until Thursday, March 9, which was adopted.

H. 3578-OBJECTION AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3578 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-200 SO AS TO PROVIDE THAT A PERSON APPOINTED TO A COUNTY BOARD, COMMISSION, OR OTHER ENTITY BY THE COUNTY LEGISLATIVE DELEGATION SERVES AT THE PLEASURE OF THE APPOINTIVE AUTHORITY.

Rep. KIRSH objected to the Bill.

The Bill was read the second time and ordered to third reading.

H. 3587-TABLED

The following Joint Resolution was taken up.

H. 3587 -- Reps. Phillips, Farr and Moss: A JOINT RESOLUTION TO EXTEND THE 1989 QUAIL AND RABBIT SEASON IN GAME ZONE NO. 4 UNTIL MARCH 15, 1989.

Rep. BENNETT moved to commit the Joint Resolution to the Committee on Agriculture and Natural Resources.

Rep. PHILLIPS moved to table the Joint Resolution, which was agreed to.

The House Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0026R), which was adopted.

Amend the bill, as and if amended, by striking the third paragraph of Section 49-29-40 and inserting:

Recreational rivers: Those rivers or river segments accessible by road and that possess development along shorelines and adjacent lands. Included are rivers with developed or partially developed shorelines and adjacent lands for residential, commercial, or industrial purposes, rivers with parallel roads or railroads, rivers with some impoundments. These rivers or river segments provide outstanding river-related recreational opportunities.

Amend the bill further by striking Section 49-29-70 in its entirety and inserting:

Section 49-29-70. The commission shall establish and publish minimum criteria for assessing a river's eligibility and classification under the State Scenic Rivers Program. To qualify as eligible, the river or river segment must possess unique or outstanding scenic, recreational, geologic, botanical, fish, wildlife, historic or cultural values. The level of pollution of a river's waters must be considered in determining eligibility for qualification as a scenic river. A river with relatively polluted waters may qualify as eligible as a scenic river if other values are considered outstanding. The river or river segment must be managed permanently for the preservation or enhancement of its values.

Amend the bill further by striking Section 49-29-80 in its entirety and inserting:

Section 49-29-80. After designation procedures for a river or river segment are completed by the commission, and the General Assembly ratifies such designation, the commission, through the executive director, shall establish an advisory council for that scenic river. The Advisory Council must be appointed as early as possible to assist the work of the commission. Each advisory council must consist of not less than six nor more than ten members who must be selected from local government, riparian landowners, community interests, and the commission, whose staff member must serve as chairman. The riparian landowners must constitute a majority of the membership on each council. The duties of the advisory councils are to assist and advise the commission concerning protection and management of each scenic river.

Amend the bill further by striking Section 49-29-90 in its entirety and inserting:

Section 49-29-90. No river or river segement may be eligible as a state scenic river and accorded the protection of this chapter, except upon formal action by the commission. Following action by the commission declaring a river or river segment eligible as a state scenic river, the commission shall publish a notice of the eligibility in the State Register and provide written notice to the State Budget and Control Board, the South Carolina Tax Commission, and the affected units of local government. Notice of eligibility also must be published in a newspaper of general circulation in the State to apprise interested parties of the opportunities under Section 49-29-100. The notice must describe the boundaries of the river or river segment. Following notice of eligibility, the commission shall submit the same to the General Assembly for review. No river or river segment may be designated a state scenic river until the General Assembly has duly enacted legislation ratifying such designation.

Amend the bill further by striking the first paragraph of Section 49-29-100 and inserting:

Section 49-29-100. After ratification by the General Assembly of the designation of a river or river segment as an eligible scenic river under the South Carolina Scenic Rivers Program, the State, through the Budget and Control Board, and with the consent of the governing body of the county in which the land is located, may purchase with donated or appropriated funds, exchange, or otherwise accept donations of certain lands adjacent to the eligible river or section of a river either in fee simple or perpetual easement from an owner. Unless unusual circumstances warrant, purchases of land adjacent to scenic and recreational rivers may not be less than one hundred feet in width from the ordinary highwater mark or mean highwater line of the river in normal conditions. Purchases of land for natural rivers may not be less than three hundred feet in width from the ordinary highwater mark or mean highwater line of the river.

Amend the bill further by striking subsection (2) of Section 40-29-140 and inserting:

(2) Scenic rivers must be managed in a manner which best maintains and enhances the scenic values of the river and the adjacent land while at the same time preserving the right of riparian landowners to use the river of customary agricultural, silvicultural or other similar purposes.

Amend the hill further by striking subsection (3) of Section 40-29-140 and inserting:

(3) Recreational rivers must be managed in a manner which would best maintain and enhance the scenic values of the river while at the same time preserving the right of riparian landowners to use the river for customary agricultural, silvicultural, residential, recreational, commercial, and industrial purposes.

Amend the bill further by striking Section 49-29-160 in its entirety and inserting:

Section 49-29-160. The commission shall formulate comprehensive water and related land use plans for the three classes of scenic rivers. Each plan must address access of electricity, natural gas and communication lines or other facilities for permitted uses for each class of river facilities. Each Plan must also address criteria for permitting the crossing of each class of scenic river by sellers of electric energy, natural gas or communication services. In developing these criteria, the commission must consider the state of available technology, the economics of the various alternatives and that electric natural gas and communication suppliers are required to deliver their services. The commission must recognize that emergency situations will arise that require immediate action and must make provision in the management plan to allow this action.

In the comprehensive plan for the river classes, the following general land and water use practices are permitted or prohibited depending on the class:

(1) In natural river areas, no new roads or buildings may be constructed and there may be no mining and no commercial timber harvesting.

(2) In scenic and recreational river areas, the continuation of present agricultural practices such as grazing and the propagation of crops, including timber, is permitted. The construction of farm-use buildings is permitted if it is found to be compatible with the maintenance of scenic qualities of the stream and its banks. There may be no construction of roads paralleling the river within the limits of a scenic easement or public access area. The harvesting of timber is permitted provided the landowner follows the best management practices for forested wetlands as approved by the South Carolina Forestry Commission. Mining activities are permitted pursuant to a mining permit issued under the provisions of Chapter 19 of the "South Carolina Mining Act". Construction for public access related to recreational use of these scenic river areas is allowed in accordance with Section 49-29-140.

Amend the bill further by adding Section 49-29-170 to read:

Section 49-29-170. Sellers of electric energy, natural gas or communication services may cross on, over or under lands designated as part of the Scenic River System provided that the commission certifies that such crossing is consistent with the management plan for those lands. A certificate of consistency shall be issued by the commission upon a finding:

(1) That the crossing is necessary to provide electric, natural gas or communication service; and either

(a) That the crossing is consistent with the management plan; or

(b) That the extent of deviation from the management plan for the construction, operation and maintenance of the facility across the scenic river is justified, considering the state of available technology and the nature and economics of the various alternatives; and that the entity responsible for the encroachment will make reasonable mitigation for the impacts caused by the construction, operation and maintenance of the facility. The commission shall issue a certification of consistency or non-consistency within thirty (30) days from the receipt of an application. A time extension may be granted upon a mutual agreement of both parties. Certification does not preclude the necessity to obtain other required state and federal authorizations. All administrative proceedings are subject to the South Carolina Act No. 176, Article II, Section 1 of 1977, as amended.

Amend the bill further by striking Section 49-29-220 in its entirety.

Amend title to conform.

Rep. SNOW explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3015-INTERRUPTED DEBATE

The following Bill was taken up.

H. 3015 -- Reps. Sturkie and Corning: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 93 SO AS TO PROVIDE FOR THE DISPOSAL AND TREATMENT OF HAZARDOUS INFECTIOUS WASTE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

The House Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0034R).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

SECTION 1. To amend Title 44, Code of Laws of South Carolina, 1976, relating to health, by adding Chapter 93 so as to provide for the management of infectious waste and to provide penalties for violations.

Be it enacted by the General Assembly of the State of South Carolina:

Wherefore, it is the policy of the State of South Carolina to protect the health and safety of the public, the health of living organisms, and the environment from the effects of improper or inadequate infectious waste management.

Whereas, infectious waste or wastes which contain or are believed to contain pathogens with sufficient virulence and quantity that significant exposure to the waste by a susceptible host could result in an infectious disease; and,

Whereas, the infectious characteristics of such wastes may cause or significantly contribute to an increase in mortality or an increase in serious illness; and,

Whereas, such waste may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed; and,

Whereas, financial responsibility; standards for containment, storage, transfer, manifesting, transportation, and treatment of infectious waste; report and record keeping requirements; and procedures and requirements for registration as generators, facilities and transporters of infectious waste, and conditions and issuance of permits and orders are critical aspects of the management of infectious waste.

(3) "Board" means the South Carolina Board of Health and Environmental Control which is charged with responsibility for implementation of the Infectious Waste Management Act.

(4) "Commissioner" means the Commissioner of the Department or his authorized agent.

(5) "Containment" means the packaging of infectious waste or the containers in which infectious waste is placed.

(6) "Department" means the Department of Health and Environmental Control, including personnel thereof authorized by the Board to act on behalf of the Department or Board.

(7) "Dispose" means to discharge, deposit, inject, dump, spill, leak, or place any infectious waste into or on any land or water including groundwater so that such substance may enter the environment or be emitted into the air or discharged into any waters, including groundwater.

(8) "Facility" means a location or site within which infectious waste is treated, stored or disposed of.

(10) "Generator Facility" means facilities that are owned or operated by a combination or association of generators, a nonprofit professional association representing generators or a corporation owned by generators or a division of a corporation owned by generators; provided that, the said corporation or division may only use any net income for the purpose of providing for the treatment of infectious waste and in a manner approved by the Department and that the waste is generated in-state.

(11) "Person" means an individual, partnership, co-partnership, co-operative, firm, company, public or private corporation, political subdivision, agency of the State, County, or Local Government, trust, estate, joint structure company or any other legal entity or its legal representative, agent or assigns.

(12) "Storage" means the actual or intended holding of infectious wastes, either on a temporary basis or for a period of time, in such manner as not to constitute disposing of such wastes.

(13) "Transport" means the movement of infectious waste from the generation site to any facility or site for intermediate storage.

(14) "Treatment" means a method, technique, or process designed to change the physical, chemical, or biological character or composition of infectious waste so as to sufficiently reduce or eliminate the infectious nature of the waste.

Section 44-93-30. The Department shall promulgate regulations, procedures, or standards as may be necessary to carry out this act and to protect the health and safety of the public, the health of living organisms and the environment from the effects of improper, inadequate, or unsound infectious waste management. The regulations shall address, without limitation, criteria for determining whether waste is within the definition of infectious waste, standards for containment, storage, transfer, transportation and treatment of infectious waste, report and record keeping requirements, procedures and requirements for registration as generators, facilities, and transporters of infectious waste, and for conditions and issuance of permits.

Section 44-93-40. To carry out the provisions and purposes of this chapter, the Department is authorized to establish and collect registration and permit fees in connection with the provisions of this act; conduct inspections, investigations, obtain samples, and conduct research with respect to the operation and maintenance of any site or facility in which infectious waste is generated or managed; and issue, deny, revoke, suspend or modify registration, permits or orders under such conditions as it may prescribe for the operation of infectious waste treatment facilities or sites; provided, however, that no permit or registration shall be revoked without first providing an opportunity for a hearing as provided pursuant to the South Carolina Administrative Procedures Act.

Section 44-93-50. Notwithstanding any other provision of this chapter, the Commissioner, upon receipt of information that any aspect of infectious waste management, within any publicly or privately owned property, may present an imminent or substantial hazard to the health of persons or to the environment, may take such action as he determines to be necessary to protect the health of such persons or the environment. The action the Commissioner may take may include but is not limited to:

1. Entering the premises at any time wherein such infectious waste is located in order to assess what actions may be necessary;

2. Issuing or modifying an order directing the person responsible for the waste to take the steps as are necessary to prevent the act or eliminate the practice which constitutes the hazard;

3. Commencing an action enjoining such acts or practices. Upon a showing by the Department that a person has engaged in such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted; and/or,

4. Inspecting and obtaining samples from any person of any wastes including samples from any vehicles in which wastes are being transported, as well as samples of any containers or labels. If available, upon request, the Department shall provide a sample of equal volume or weight to the owner, operator or agent in charge of the waste. The Department shall also provide the owner, operator, or agent in charge with a copy of the results of any analyses of such samples once said results have been properly evaluated by the Department to determine their validity.

Section 44-93-60.

(A) Storage of infectious waste must be in such a manner and location which affords protection from animals, weather conditions and which minimize exposure to the public.

(B) Infectious waste must be segregated from other waste at the point of origin and maintained in separate containers until it is treated.

(C) Infectious waste shall be contained in approved disposable or reusable containers that are appropriate for the type and quantity of waste, will withstand handling, transfer, and transportation without impairing the integrity of the container, can be tightly closed and secured, and are compatible with selected storage and treatment processes.

(D) Sharps must be contained in rigid, puncture-resistant containers which are tightly secured to preclude loss of the contents.

(E) Containers of infectious waste must be properly labeled, clearly identifiable as infectious waste and readily distinguishable from other waste.

(F) Infectious waste must be stored under such conditions and for such periods of time as provided pursuant to regulations.

Section 44-93-70.

(A) Infectious waste must be transported in such a manner that the integrity of the waste containers is maintained, and that occupational hazards are minimized.

(B) No infectious waste shall be received for transportation or transported into or within this state if it is not properly contained, identified, labeled and manifested pursuant to Department regulations.

Section 44-93-80.

(A) Infectious waste treated must be treated at a facility meeting the requirements of Section 44-93-120.

(B) Infectious waste must be treated as soon as practicable by one of the following treatment methods in accordance with the regulations promulgated hereunder and any other applicable state or federal law and regulations:

(1) Incineration;

(2) Steam sterilization;

(3) Chemical disinfectant; or

(4) Any other Department approved treatment method.

(C) After treatment such waste may be disposed of as any other waste, provided that it is not subject to any other state or federal regulation.

(D) Notwithstanding any provision to the contrary, the following infectious waste may be disposed of pursuant to regulation prior to treatment:

(1) any approved liquid or semi-liquid waste may be discharged directly into a Department-approved waste water disposal system; and

(2) recognizable human anatomical remains may be disposed of by interment.

Section 44-93-90.

(A) All in state generators of infectious waste must register with the Department within 90 days after regulations are promulgated by the Department.

(B) Pursuant to regulations all generators of infectious waste must place proper, clearly legible, generator identification on all labels and containers of infectious waste prior to transfer or transportation.

Section 44-93-100.

All in state generators that produce less than 50 lbs. of infectious waste per month are exempt from the provisions of this act except they must comply with the following requirements:

(1) the provisions of Section 44-93-90(A) of this chapter and

(2) the management of the following infectious waste:

(a) sharps must be contained in rigid puncture resistant containers and may be disposed of as other solid waste;

(b) cultures must be managed pursuant to this chapter and any regulations promulgated hereunder;

(c) all other infectious waste may be disposed of as other solid waste.

Section 44-93-110.

It is unlawful for any person who owns or operates a waste treatment storage, or disposal facility within this State to accept any infectious waste generated in any jurisdiction which prohibits by law the treatment, storage, or disposal of that infectious waste within that jurisdiction.

Section 44-93-120.

Upon promulgation of regulations, as specified in Section 44-93-30, no person shall operate an infectious waste treatment or disposal facility or generator facility without first obtaining a permit as required by Department regulations.

Section 44-93-130.

No person may be issued a permit to operate, either directly or indirectly, an infectious waste management facility or be registered to transport, either directly or indirectly, infectious waste in this state who has been convicted of a felony. The Department may not issue a permit to or register a person who has been adjudged in contempt of a court order enforcing the provisions of the South Carolina solid or hazardous waste laws, the solid or hazardous waste laws of other states, or federal laws pertaining to solid or hazardous waste.

Section 44-93-140.

Following the promulgation of the regulations required pursuant to Section 44-93-30, it shall be unlawful for any person to fail to comply with this act, or with any procedure or requirement set forth in the regulations.

Section 44-93-150.

(A) Whenever the Department finds that any person is in violation of any permit, regulation, standard, or requirement under this act, the Department may issue an order requiring such person to comply with such permit, regulation, standard, or requirement, or the Department may bring civil action for injunctive relief in the appropriate court; or, the Department may request that the Attorney General bring civil or criminal enforcement action under subsection (B) or (C) of this section. Violation of any court order issued pursuant to this section shall be deemed contempt of the issuing court and punishable therefore as provided by law. The Department may also invoke civil penalties as provided in this section for violations of the provisions of this chapter, including any order, permit, regulation or standard. After exhaustion of administrative remedies, any person against whom a civil penalty is invoked by the Department may appeal the decision of the Department or Board to the Court of Common Pleas.

(B) Any person who violates any provision of Section 44-93-140 shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000.00) per day of violation.

(C) Any person who willfully violates any provision of Section 44-93-140 shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than ten thousand dollars ($10,000.00) per day of violation or imprisoned for not more than one year or both. If the conviction is for a second or subsequent offense, the punishment shall be by a fine not to exceed twenty-five thousand dollars ($25,000.00) per day of violation, or imprisonment not to exceed two (2) years, or both.

(D) Each day of noncompliance with any order issued pursuant to this act, or noncompliance with any permit, regulation, standard or requirement pursuant to this chapter shall constitute a separate offense.

Section 44-93-160.

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are severable.

SECTION 3. This act takes effect upon approval by the Governor.

Rep. SHARPE explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. SHARPE having the floor.

RECURRENCE TO THE MORNING HOUR

Rep. McTEER moved that the House recur to the morning hour, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 245 -- Judiciary Committee: A BILL TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE REGISTER, SO AS TO REQUIRE A STATE AGENCY TO GIVE NOTICE OF THE OPPORTUNITY FOR AN ORAL HEARING AND TO REQUIRE A HEARING NO SOONER THAN THIRTY DAYS FROM PUBLICATION OF THE NOTICE IN THE STATE REGISTER IF REQUESTED BY TWENTY-FIVE PERSONS AND TO PROVIDE THAT A REGULATION BECOMES EFFECTIVE ONE HUNDRED TWENTY DAYS AFTER SUBMISSION TO THE GENERAL ASSEMBLY IF A RESOLUTION TO APPROVE OR DISAPPROVE IT IS NOT ENACTED WITHIN THAT TIME PERIOD.

Ordered for consideration tomorrow.

H. 3015--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. SHARPE having the floor.

H. 3015 -- Reps. Sturkie and Corning: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 93 SO AS TO PROVIDE FOR THE DISPOSAL AND TREATMENT OF HAZARDOUS INFECTIOUS WASTE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

AMENDMENT NO. 1-ADOPTED

Debate was resumed on Amendment No. 1 by the Committee on Agriculture and Natural Resources.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION _____. Section 51, Part II of Act 658 of 1988, is amended to read:

"Section 51. A.(1) There is imposed a fee on the commercial disposal by incinerationtreatment of infectious waste in this State equal to eighteen dollars a ton on the preincinerationpretreatment weight of infectious waste generated outside of this State and thirteen dollars a ton on the preincinerationpretreatment weight of infectious waste generated within this State.

(2) The owner or operator of any commercial facility incinerating and disposing oftreating infectious waste shall submit, not later than the tenth day of each month, to the Department of Health and Environmental Control:

(a) a report detailing the total weight of infectious waste received for incineration and disposaltreatment during the preceding month and its point of origin;

(b) a check made payable to the department for the fee due for the preceding month;

(c) in case of failure to file a return on or before the date prescribed by law or failure to pay any fee on or before the date prescribed by law, there must be added a penalty of twenty-five percent of the amount of fee due. The Department of Health and Environmental Controldepartment may revoke a permit to operate for failure to pay any fees, penalties, or interest required by law. Upon payment the department may reinstate the permit to anyan operator of a commercial treatment facility disposing oftreating infectious waste in this State. The penalty provided by this item may be reduced or waived by the department for reasonable cause;

(3) AnyA person disposing oftreating infectious waste who fails to remit the fee or penalty as provided by law must be charged interest at the rate of one percent a month. Interest must be calculated on the full amount of the fee or portion thereof, exclusive of penalties, from the time the fee or penalty was due and paid in its entirety.

(4) The Department of Health and Environmental Controldepartment shall establish an Infectious Waste Contingency Fund to insure the availability of funds for response actions necessary at commercial infectious waste incinerationtreatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response action associated with infectious waste. This fund must be financed by the fees imposed pursuant to this section. The revenue derived from the fees on waste must be credited to the Infectious Waste Contingency Fund, pursuant to the following: an amount equal to two-thirds of the fees collected must be deposited into the fund andAan amount equal to one dollar and fifty cents a tonone-third of the fees collected must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by this section is collected. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds one million dollars, two-thirds of all subsequent fees collected must be remitted to the Hazardous Waste Contingency Fund as established in Section 44-56-160(A) to assist in defraying the costs of governmental response actions at uncontrolled hazardous waste sites, with the remaining one-third of all subsequent fees collected continuing to be placed into a separate and distinct account for counties as provided for in this item. Interest earned by the fund must be credited to the fund and that portion of interest earned attributable to the county account must be credited to the county account. Interest credited to the county account must be distributed in the same proportion as funds are distributed to counties pursuant to this section. Proceeds of the county account returned to a county pursuant to this section must be released by the State Treasurer upon the written request of a majority of the legislative delegation of the recipient county.

(5) The Department of Health and Environmental Controldepartment shall assign as may be necessary a full-time health inspector to serve at any commercial infectious waste incineration and disposaltreatment facility located in South Carolina for the purpose of assuring the protection of the health and safety of the public by monitoring the receipt, handling, incinerationtreatment, and disposal of infectious waste at these sites. The department shall establish a fee schedule to cover the costs of implementing this inspection program. The fee must be collected from the commercial infectious waste facilities based upon the amount of infectious waste received.

(6) For purposes of this section, 'infectious waste' means waste which because of its characteristics may:

(a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(7)(6) This section does not apply to the treatment or disposal of hazardous waste regulated under the South Carolina Hazardous Waste Management Act.

(8)(7) This section does not apply to infectious waste incineratedtreated by hospitals or other medical facilities on a noncommercial basisgenerator facilities provided the waste is generated in-state and treated on a nonprofit basis."/

Renumber sections to conform.

Amend title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3053--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3053 -- Reps. Kirsh and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3885 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A MOTOR VEHICLE IN THIS STATE WHICH HAS AFFIXED TO IT AN OBSCENE BUMPER STICKER AND TO PROVIDE PENALTIES FOR VIOLATION.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 2062U), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 56-5-3885. (A) No person may operate a motor vehicle in this State which has affixed to any part of it a sticker, decal, emblem, or other device containing profane, indecent, or lewd words describing sexual acts, excretory functions, or parts of the human body that are displayed to members of the public not occupying the vehicle.

(B) A person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding two hundred dollars."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. ALTMAN explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

ORDERED TO THIRD READING

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

H. 3598 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO JAPANESE BEETLE QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 986, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3599 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-95 SO AS TO PROVIDE THAT CONFIDENCES OR SECRETS OF A PATIENT IN THE COURSE OF DIAGNOSIS OR TREATMENT OF A MENTAL OR EMOTIONAL CONDITION MAY NOT BE REVEALED BY PROVIDERS OR SOCIAL WORKERS, AS DEFINED BY THIS ACT, SUBJECT TO EXCEPTIONS, AND TO ALLOW A CAUSE OF ACTION FOR VIOLATION OF THE SECTION.

The SPEAKER granted Rep. BLACKWELL, a leave of absence to speak to a Senior Citizens Legislative Workshop.

H. 3141-AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3141 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1235 SO AS TO PROHIBIT TINTING OR CHANGING THE COLOR OF A MOTOR VEHICLE LICENSE PLATE OR REVALIDATION STICKER AND TO PROVIDE PENALTIES.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 2314U), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 56-3-1235. When displayed on a motor vehicle, it is unlawful for a person to:

(1) tint or change the color of a motor vehicle license plate or revalidation sticker; or

(2) change the appearance or color of the license plate or revalidation sticker by applying a covering or by placing the plate or sticker behind a covering.

A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. ALTMAN explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3041-OBJECTION

Reps. McTEER and G. BROWN withdrew their objections to the following Bill whereupon an objection was raised by Rep. T. ROGERS.

H. 3041 -- Reps. Wilkins, T.M. Burriss, Wright, Barfield, Short, Taylor, Beasley, McBride, Sharpe, J. Brown, Bruce, Davenport, Tucker, Derrick, Stoddard, Snow, Kohn, J. Rogers, McAbee, J. Harris, Mattos, P. Harris, J.W. Johnson, Winstead, Washington, Klapman, Gregory, Moss, Boan, Carnell, G. Bailey, Koon, McLeod, Barber, White, McKay, McEachin, J.C. Johnson, Huff, Limehouse, Harwell, Waldrop, Waites, Mappus, Wofford and Rama: A BILL TO AMEND ARTICLE 1, CHAPTER 23, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AND TO CERTAIN REQUIRED TRAINING OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT CORRECTIONAL OFFICERS AND OTHER PERSONNEL EMPLOYED BY THE DEPARTMENT OF CORRECTIONS MUST BE TRAINED BY THE DEPARTMENT; TO REVISE CERTAIN MEMBERSHIP OF THE COUNCIL; TO PROVIDE THAT NO LAW ENFORCEMENT OFFICER EMPLOYED OR APPOINTED AFTER JULY 1, 1989, IS EMPOWERED TO ENFORCE THE LAWS OF THIS STATE OR A POLITICAL SUBDIVISION THEREOF UNLESS HE HAS BEEN CERTIFIED AS QUALIFIED BY THE COUNCIL, TO PROVIDE THE REQUIREMENTS FOR CERTIFICATION AND TRAINING AND FOR THE DURATION OF CERTIFICATION, AND TO PROVIDE EXCEPTIONS; TO INCREASE THE AMOUNTS ADDED TO CRIMINAL AND TRAFFIC FINES AND USED FOR THE PURPOSE OF LAW ENFORCEMENT TRAINING AND OTHER PURPOSES; AND TO AUTHORIZE THE COUNCIL TO TAKE CERTAIN ACTIONS AGAINST PUBLIC LAW ENFORCEMENT AGENCIES IN VIOLATION OF THIS CHAPTER, INCLUDING THE IMPOSITION OF A CIVIL FINE.

H. 3041--OBJECTION WITHDRAWN,AMENDED AND OBJECTION

Upon the withdrawal of an objection by Rep. FABER the following Bill was taken up.

H. 3041 -- Reps. Wilkins, T.M. Burriss, Wright, Barfield, Short, Taylor, Beasley, McBride, Sharpe, J. Brown, Bruce, Davenport, Tucker, Derrick, Stoddard, Snow, Kohn, J. Rogers, McAbee, J. Harris, Mattos, P. Harris, J.W. Johnson, Winstead, Washington, Klapman, Gregory, Moss, Boan, Carnell, G. Bailey, Koon, McLeod, Barber, White, McKay, McEachin, J.C. Johnson, Huff, Limehouse, Harwell, Waldrop, Waites, Mappus, Wofford and Rama: A BILL TO AMEND ARTICLE 1, CHAPTER 23, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AND TO CERTAIN REQUIRED TRAINING OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT CORRECTIONAL OFFICERS AND OTHER PERSONNEL EMPLOYED BY THE DEPARTMENT OF CORRECTIONS MUST BE TRAINED BY THE DEPARTMENT; TO REVISE CERTAIN MEMBERSHIP OF THE COUNCIL; TO PROVIDE THAT NO LAW ENFORCEMENT OFFICER EMPLOYED OR APPOINTED AFTER JULY 1, 1989, IS EMPOWERED TO ENFORCE THE LAWS OF THIS STATE OR A POLITICAL SUBDIVISION THEREOF UNLESS HE HAS BEEN CERTIFIED AS QUALIFIED BY THE COUNCIL, TO PROVIDE THE REQUIREMENTS FOR CERTIFICATION AND TRAINING AND FOR THE DURATION OF CERTIFICATION, AND TO PROVIDE EXCEPTIONS; TO INCREASE THE AMOUNTS ADDED TO CRIMINAL AND TRAFFIC FINES AND USED FOR THE PURPOSE OF LAW ENFORCEMENT TRAINING AND OTHER PURPOSES; AND TO AUTHORIZE THE COUNCIL TO TAKE CERTAIN ACTIONS AGAINST PUBLIC LAW ENFORCEMENT AGENCIES IN VIOLATION OF THIS CHAPTER, INCLUDING THE IMPOSITION OF A CIVIL FINE.

Amend the bill, as and if amended, in Section 23-23-20, as contained in SECTION 1, page 3, by striking /must/ on line 32 and inserting /may/.

Amend title to conform.

Rep. G. BROWN explained the amendment.

The amendment was then adopted.

Rep. KIRSH explained the Bill.

Rep. WASHINGTON objected to the Bill.

H. 3400--OBJECTION WITHDRAWN AND OBJECTION

Upon the withdrawal of an objection by Rep. FERGUSON the following Bill was taken up.

H. 3400 -- Reps. Cork, T.M. Burriss and Derrick: A BILL TO AMEND SECTION 37-1-109, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODIC ADJUSTMENT OF DOLLAR AMOUNTS IN THE SOUTH CAROLINA CONSUMER PROTECTION CODE BASED ON THE CONSUMER PRICE INDEX, SO AS TO INCLUDE MAXIMUM ASSUMPTION FEES AMONG THE AMOUNTS ADJUSTED; TO AMEND SECTIONS 37-2-202 AND 37-3-202, AS AMENDED, RELATING TO THE ADDITIONAL CHARGES A CREDITOR OR LENDER MAY CONTRACT FOR IN CONSUMER CREDIT SALES AND CONSUMER LOANS UNDER THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MAXIMUM ALLOWED ASSUMPTION FEE FROM THE LESSER OF TWO HUNDRED FIFTY DOLLARS OR ONE PERCENT OF THE LOAN BALANCE OR UNPAID DEBT BALANCE TO THE LESSER OF FOUR HUNDRED DOLLARS OR ONE PERCENT OF THE LOAN BALANCE OR UNPAID DEBT BALANCE; AND TO AMEND SECTION 37-10-102, RELATING TO LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES SECURED BY A LIEN ON REAL ESTATE UNDER THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MAXIMUM ALLOWED ASSUMPTION FEE FROM THE LESSER OF TWO HUNDRED FIFTY DOLLARS OR ONE PERCENT OF THE UNPAID LOAN BALANCE TO THE LESSER OF FOUR HUNDRED DOLLARS OR ONE PERCENT OF THE UNPAID LOAN BALANCE.

Debate was resumed on Amendment No. 2, which was proposed on Thursday, February 23, by Rep. CORK.

Rep. CORK explained the amendment.

Rep. SIMPSON objected to the Bill.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. SHARPE.

H. 3419-ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. McGINNIS having the floor.

H. 3419 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR CHILDREN TO ATTEND PUBLIC SCHOOL, SO AS TO DELETE THE PROVISION ALLOWING ATTENDANCE IN A DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE AND TO PROVIDE FOR THE CHILDREN ATTENDING SCHOOL PURSUANT TO THAT PROVISION ON THIS ACT'S EFFECTIVE DATE.

Rep. McGINNIS relinquished the floor.

The question then recurred to the passage of the Bill on second reading.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

H. 3017 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 71 TO TITLE 2 SO AS TO PROVIDE FOR ADDITIONAL LEGISLATIVE MEMBERS ON BOARDS AND COMMISSIONS UNDER THE SUBJECT MATTER JURISDICTION OF THE AGRICULTURE AND NATURAL RESOURCES COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.

Reps. WAITES and HALLMAN proposed the following amendment (Doc. No. 2293U), which was adopted.

Amend the bill, as and if amended, by striking Code Section 2-71-10, as contained in SECTION 1, and inserting:

/Section 2-71-10. Two nonvoting members are added to the State Commission of Forestry, State Land Resources Conservation Commission, and South Carolina Water Resources Commission. One member is the chairman of the House Agriculture and Natural Resources Committee or his designee from that committee, and the other member is the chairman Or the Senate Agriculture and Natural Resources Committee or his designee from that committee. The two additional ex officio members under this section may not receive compensation for serving on the named commissions but are allowed the usual mileage, per diem, and subsistence as provided by law for members Or state boards, committees, and commissions."/

Amend title to conform.

Rep. WAITES explained the amendment.

Rep. SHARPE moved to table the amendment, which was not agreed to by a division vote of 24 to 44.

The question then recurred to the adoption of the amendment, which was agreed to.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

H. 3383 -- Reps. Keyserling, Sheheen, Wilkins, McEachin, J.W. Johnson, Huff and McLellan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

Rep. WINSTEAD moved to adjourn debate upon the Joint Resolution until Wednesday, March 30.

Rep. KEYSERLING moved to table the motion, which was agreed to by a division vote of 42 to 28.

Rep. KEYSERLING explained the Joint Resolution.

SPEAKER PRO TEMPORE IN CHAIR

Rep. KEYSERLING continued speaking.

Rep. SHEHEEN explained the Joint Resolution.

Rep. CARNELL spoke against the Joint Resolution and moved to table the Joint Resolution.

Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:

( ) That commencing with the adoption of this article, the base annual salary shall be reduced in proportion to the number of days reduced by this Article.

Rep. BAKER explained the amendment.

SPEAKER IN CHAIR

Rep. BAKER continued speaking.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 2, Rep. BAKER having the floor.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

PRESENTATION OF EASTER SEAL SOCIETY GUESTS

The Reading Clerk of the House read the following Concurrent Resolution:

H. 3139 - Reps. Hearn, Moss, Wells, Quinn, Wright and McGinnis: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 8, 1989, AS "HANDICAPPED CHILDREN'S DAY", TO ENDORSE THE "B.A.C. - COFFEE DAY FOR HANDICAPPED CHILDREN" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 8, 1989, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The Easter Seal Society Guests and distinguished party were escorted to the rostrum by Senators Fielding, Hinds, Holland, N.W. Smith and Lourie and Reps. J. BAILEY, SNOW, BURCH, MATTOS and FABER.

The President of the Senate recognized Rep. HEARN, who introduced the honored guest as follows:

"Mr. President, ladies and gentlemen, each year the South Carolina Easter Seal Society, the South Carolina Law Enforcement Officers' Association, and the South Carolina Restaurant's Association permit us here in the Legislature to act as a 'spring board' for the kick-off of the B.A.C. Fundraising Drive, which they sponsor. Last year the B.A.C. netted $387,000 and as you see, the gentlemen across the back, the law enforcement officers, the Restaurant Association, and the Easter Seals are the ones that we need to thank for this. That money was used by the Easter Seal Society to serve 4,121 handicapped clients here in South Carolina. Easter Seal is not a state agency. It depends entirely on private donations for its funding. The B.A.C.'s initiatives that are sponsored by the three organizations that are here today is an example of the finest of 'self-help voluntarism.' In a moment you will meet several of the recipients that are here with us today, who represent what is being done with that money that is raised by B.A.C. But, first, I want to introduce you to the people who have made this B.A.C. program so successful. This program has been in existence some 35 years and has raised literally millions of dollars for Easter Seals. This year, our first lady, Mrs. Carroll Campbell is our honorary chairman. Mrs. Campbell cannot be with us today, but we do have with us people who have ably assisted her in the B.A.C. initiative: Lt. Edward R. Tallon, Sr., State President, Major Alton T. Morris, B.A.C. Project Chairman, and John L. Caudle, II, Executive Director, all from the South Carolina Law Enforcement Officers' Association. From the Restaurant Association, we have Mr. John C. Riddick, Executive Director, Harold L. Corley, B.A.C. Project Chairman, and C. Scott Langham, President, who represents the South Carolina Restaurant Association. We are pleased to have these representatives with us here today. Now, a special recognition we would like to acknowledge is Mr. Michael Ace, who was responsible for raising $26,820 through the Inmate Advisory Council. He is not here with us today, but I can tell you that this is indeed a notorious example of what can be done by people who really want to help. Now to the most important part of this Easter Seals program. Easter Seals, as I have said, annually serves thousands of South Carolinians with disabilities. Each year, several of these individuals are chosen to publicly represent the population served by Easter Seals. Nominations are received from throughout the state and those selected as state representatives are featured in many of the special activities, publications and events. Today we are honored to have with us our 1989 Easter Seal State Representatives. Our first is Benjamin (B.J.) Anthony, Jr., and he will be introduced and presented to you by Rep. Jim Bailey and Senator Herbert Fielding."

Rep. J. BAILEY introduced the guest as follows:

"Lt. Governor, distinguished members of this House and Senate, ladies and gentlemen...Today we have with us from Charleston, Benjamin (B.J.) Anthony, Jr. He is the 3 year old son of Mr. and Mrs. Benjamin Anthony, Sr. He has a diagnosis of cerebral palsy and attends the preschool class at the Charles Webb Easter Seal Center in Charleston where he also receives physical therapy. B.J. is learning sign language to enable him to communicate with his hearing impaired friends. He has recently begun to walk independently and his balancing skills are improving. B.J. loves music and likes to play all types of musical instruments. If you visited his classroom you may see him pulling his friend in a wagon. Thank you very much."

"It is the pleasure of Rep. Snow and myself, ladies and gentlemen of the General Assembly, Lt. Governor, guests to present to you Mr. and Mrs. James M. Cameron of Georgetown, and their 10 year old son, Joey. Joey has a diagnosis of cerebral palsy and receives physical therapy at the Easter Seal Center in Georgetown. Joey attends the McDonald School in Georgetown and enjoys participating in the Easter Seal sponsored 'Hugs' program, a therapeutic horseback riding project for children with disabilities. Additionally, Joey likes to play video games. I understand that his favorite girlfriend is Dolly Parton. Thank you."

"Lt. Governor, Mr. Speaker, members of the General Assembly...It gives us great pleasure to introduce to you Alisha Dawn Catoe. She is a 7 year old little girl from Jefferson. She is the daughter of Tommy and Sheila Catoe. Alisha has cerebral palsy and attends Ruby Elementary School. She ambulates with the use of a walker and receives occupational therapy services through Easter Seals. Alisha enjoys riding her electric jeep that Santa brought her last year. She is very photogenic, and she also enjoys having her picture taken even without Santa. Please welcome her here."

"Ladies and gentlemen...It is a pleasure for Rep. Faber and I to have this presentation, but before I do, I think this Joint Assembly, Mr. Speaker, Mr. President, should give Rep. Hearn a hand. All of you know that she will not be with us next year. Let's recognize Rep. Joyce Hearn. Mary Ann Stanley is the 3 year old daughter of Mr. and Mrs. Thomas Stanley of Eastover and she will steal your heart in a matter of seconds. She was born two and a half months early and, as a result, has cerebral palsy. She has been receiving physical, occupational and speech therapy through Easter Seals since she was 13 months old. When she started at Easter Seals, she was functioning as a four month old. With hard work and support from her wonderful family, Mary Ann is now sitting alone, walking with a walker, with only a little bit of help, and talking non-stop. Rep. Faber and I are proud to present to you, Mary Ann Stanley, and her mother, Mrs. Stanley."

Rep. MATTOS made the following remarks about Preston Victor Church, who could not be with us today:

"Mr. President, Mr. Speaker, ladies and gentlemen of the House, the young man that I was to introduce, Preston Victor Church, is ill today and could not make the trip down, but we want to recognize him. He is the 4 year old son of Judith Irene Church of Greenville. He has a diagnosis of cerebral palsy. Preston is currently in the preschool class at Hollis Center and I would urge anyone here today to just go by and visit Hollis Center in Greenville. The work that those people do is just beyond words and I visited there and spent half a day going through with the children and with the folks that work there. It would do your heart good, and you come away feeling good about what we do in South Carolina. And I just want to plug the Hollis Center. Preston loves the water and also loves to eat. The Easter Seal Society of Greenville, which has a comprehensive equipment loan and equipment purchase program, provided Preston with a wheelchair and features him in their local brochures. I do know what the Easter Seals Program does, because I have seen it, and I would urge each of you to take time out of your busy schedule to just attend the Hollis Center. Thank you."

Rep. HEARN recognized Mr. John Ducate, President of Ducone Industries, Lt. Edward Tallon, South Carolina Law Enforcement Officers' Association and Deputy Sheriff David Blanton of Spartanburg for their contributions to B.A.C. and the Easter Seal Society.

Upon the conclusion of the presentation, the honored guests and escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:20 P.M. the House resumed, the SPEAKER in the Chair.

Rep. McGINNIS moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3647 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND LONE OAK ELEMENTARY SCHOOL IN SPARTANBURG COUNTY AS IT CELEBRATES ONE HUNDRED YEARS OF EXCELLENCE IN EDUCATION.

H. 3648 -- Reps. Wilkins, M.O. Alexander, Baker, Blackwell, Carnell, Clyborne, Fant, Haskins, Manly, Mattos, Jaskwhich, Vaughn and Fair: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE THOMAS CLIFTON BERRY, JR., OF GREENVILLE COUNTY, VICE-PRESIDENT OF DUKE POWER COMPANY.

ADJOURNMENT

At 12:25 P.M. the House in accordance with the motion of Rep. McGINNIS adjourned to meet at 10:00 A.M. tomorrow.